Carruth v. Tighe
Supreme Court of Vermont
This cause purported to be an appeal by the defendant from a judgment rendered by Charles L. Williams, Esq., a justice of the peace for Rutland county, on the first of November, 1858. The suit was not entered in the county court by the defendant, but at the March Term, 1859, of that court the plaintiff filed therein a certain written instrument, appearing to be a copy of the original writ and officer’s return, and of certain entries thereon by the said justice of the peace,…
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This cause purported to be an appeal by the defendant from a judgment rendered by Charles L. Williams, Esq., a justice of the peace for Rutland county, on the first of November, 1858. The suit was not entered in the county court by the defendant, but at the March Term, 1859, of that court the plaintiff filed therein a certain written instrument, appearing to be a copy of the original writ and officer’s return, and of certain entries thereon by the said justice of the peace, showing-a judgment by him in favor of the plaintiff and an appeal by the defendant with a certificate thereto attached,…
1Opinion of the CourtPoland, J.
The copies first filed by the plaintiff for the purpose of procuring an affirmance of the judgment of the justice, were undoubtedly defective because not properly certified by the justice.
The county clerk is not made a certifying officer of justices’ records, except when the justice has removed from the county or has died. While the justice is alive and continues to reside in *628the county, he is the proper certifying officer of his own records, although he maybe out of office; Comp. Stat., p. 289, section 77 to 80.
The decision of the county court in overruling the defendant’s motion to dismiss…
2Cases cited8 opinions
- Ex parte KelloggSupreme Court of Vermont · 1834
- Kelly v. ParisSupreme Court of Vermont · 1838
- Ross v. FullerSupreme Court of Vermont · 1839
- Goodenow v. StaffordSupreme Court of Vermont · 1855
- Peck v. SmithSupreme Court of Vermont · 1830
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3Cited by3 opinions
- Dependents of Vlahos v. Rutland RestaurantSupreme Court of Vermont · 1932
- Brown v. BrownSupreme Court of Vermont · 1894
- In Re CarletonSupreme Court of Vermont · 1936